Legal Question in Criminal Law in Texas

if the judge in a criminal case sentencing failed to be accertained that all three statements from the victim, the defendant, and the arresting officer were consistant before judgement cause to have a re-trial or favor from a writ being filed ? is inadequate counsel when the court appointed counsel misled the defendant to have a PSI trial to seek probation when the outcome landed a then 17yr old first time offender 15yr in tdc for dislpaying a weapon when the co-actor took posseion of the victim car keys but the co defendant was not charged or arrested. instead the defendant whohad been diagnosed with PTSD, was charged serverely for the entire crime which the officer used misconduct to get a confession. the court ignored the facts and factually speculated the case to secure the conviction


Asked on 8/02/09, 1:18 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

the judge is the trier of fact in this instance and it is up to the judge to believe statements or to not believe statements and to give the appropriate weight to each one. The statements do not all have to match.

Misled the defendant? The defendant should have known what was at stake before going forward on a PSI. Obviously the PSI became an option because the prosecutor was not offering probation. So the only way to possibly get probation would have either gone to the judge on a PSI or possibly have a trial and then go to the judge on punishment (or jury depending on the facts). It is a possibility that the judge will not then grant the probation.

Read more
Answered on 8/02/09, 6:23 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas